Parking crusader throws down the gauntlet (From Bucks Free Press)

Parking crusader throws down the gauntlet

3:20pm Tuesday 4th August 2009 in Marlow By James Nadal

Parking crusader throws down the gauntlet

A PARKING crusader has thrown down the gauntlet to traffic officers by challenging them to meet him and disprove his claim that many parking penalties issued in Marlow are invalid.

Ex-highways officer Brian Hooper, pictured, from Bisham, who used to work for the Royal Borough of Windsor and Maidenhead council, has lodged a complaint with police.

He has said many of the parking restrictions were legally unenforceable and many motorists should be refunded for fines.

Mr Hooper believes many bays have not been marked out to the precise regulations set out by the Department of Transport (DfT) such as dashed lines being too long or too short and signs too far apart.

He said: “There’s no excuse for it; I have worked with five different contractors in the last ten years. There’s not one of them who, if they came across something like it, wouldn’t be on the phone to me. It gets more and more laughable the more you look at it.”

Buckinghamshire County Council is in charge of marking out spaces as the road authority, while Wycombe District Council is in charge of handing out tickets to drivers who have broken the rules.

Wycombe District Council took over enforcement responsibility from the police in October 2008 and was responsible for checking that the parking restrictions were marked and signed correctly.

Mr Hooper has questioned the validity of tickets given to motorists both before and after this took place.

Andrew Zoldan, traffic management unit manager at Thames Valley Police, said: “When parking becomes de-criminalised it is the responsibility of the authority taking on the enforcement to check all the restrictions are correctly signed and lined prior to enforcement.

He could not comment on whether any of the restrictions were non-enforceable when it changed to decriminalised parking, as he had not been in his post at that time.

Mr Hooper had called on July 21 complaining about parking enforcement by the district council and the signage and road markings.

The police had written back telling him that they had not carried out enforcement since October 2008 and enforcement queries should be raised with the Highways Authority.

A survey carried out in April 2006 by RTA Associates found that out of 93 different parking restrictions checked in Marlow and Princes Risborough, only 51 were enforceable – many signs and lines were unenforceable because of errors in lengths, waiting times or poor quality.

BCC transport supremo Cllr Val Letheren told the Marlow Free Press in September 2007 that in light of this report, the lines and signs throughout the district would be sorted out.

BCC was unable to confirm this week at the time of going to press what action was taken following the report and whether a copy was provided to the police but said all signs and lines were reviewed before WDC took over the enforcement role.

John Charlton, Buckinghamshire County Council’s parking manager, recently told the Marlow Free Press: “We remain confident that penalties issued in these bays are entirely legitimate and enforceable.”

Mr Hooper says the unenforceable bays are in Causeway, Station Road, High Street on the west side, Institute Road and West Street.

Inspections were due to take place in the last fortnight by highways officers from BCC.

BCC said no markings on Institute Road had been changed; a survey of markings on The Causeway found nothing untoward.

It added anyone who wanted to appeal against a ticket could do so to the Independent Traffic Penalty Tribunal for adjudication.

Wycombe District Council spokesman Catherine Spalton said: “Our understanding is that the county council originally instructed RTA associates to survey the district, cross checking lines and signs as per the original Traffic Regulation Orders.

“The county council then instructed contractors to correct any errors that were found, prior to the commencement of the district wide civil enforcement area.

“We checked that the lines were as the map-based traffic regulation orders - the technical aspects of measurements for lining and signing are specialised skills undertaken by qualified highway engineers at the county council and they confirmed to us that the technical specifics of lines were correct.”

The spokesman said: “There are always faults that occur due to road repairs, utility company works, or even signs knocked over or stolen that are picked up as time goes by and these are replaced or repaired as soon as they become apparent.”

She said there will always be an investigation if a penalty charge notice is issued, and contested.

“We inform the customer that we will not pursue the notice if we find that the lines or signs were inaccurate or not compliant at the time of the contravention, for whatever reason, even if the offence is quite clear, because we are aware that it would not pass the scrutiny of the independent adjudicator and it is the fair way of dealing with appeals.”